State agency seeks to appeal Wolt rider ruling

The occupational safety and health authority intends to apply to the Supreme Administrative Court for leave to appeal the Hämeenlinna Administrative Court’s ruling, under which food delivery riders are independently self-employed.

In February, the Hämeenlinna Administrative Court ruled that Wolt food delivery riders are independently self-employed and not employees. The Administrative Court said its reasons were that Wolt did not exercise a true supervision and direction right over riders and that the Wolt business model offered riders extensive freedom.

On 22 February, the occupational safety and health authority of the Regional State Administrative Agency in Southern Finland said it would seek leave to appeal the ruling from the Supreme Administrative Court, with the aim of securing a precedent in the matter.

In November 2021, the occupational safety and health authority issued a decision in which it considered Wolt riders employees and obliged Wolt, as their employer, to record their working hours. However, on 21 February the Hämeenlinna Administrative Court overruled the authority’s decision with its ruling. The Court took the view that when Wolt riders worked, the company did not exercise supervision and direction right over them, which would be a criterion for employment. The Court did not consider that the riders’ work was employment in its overall assessment, either. Thus, the Working Hours Act is not to apply to riders’ work either.

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